Referred to Committee on Elections, Procedures, and Ethics
SUMMARY--Revises provisions governing elections in irrigation districts. (BDR 48-1788)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to irrigation districts; revising provisions governing the qualifications of electors in an irrigation district; authorizing a special election at any time upon the unanimous vote of the board of directors of an irrigation district; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 539.123 is hereby amended to read as follows:
539.123 1. Any person [21] 18 years of age or [over,] older, whether a resident of the district or not, who is or has declared his intention to become a citizen of the United States is an "elector" for the purposes of this chapter and is entitled to vote at any election held pursuant to this chapter if the following conditions as to ownership of land are met:
(a) The elector must be the bona fide holder of title or evidence of title, as defined in NRS 539.020 and 539.023, to land within the district or have a contractual right to acquire title to land within the district upon payment of a fixed sum to the record titleholder.
(b) [The holder of an undivided interest in land is an elector and, if his interest is community property, his spouse is an elector whether or not the spouse appears of record as the owner of an interest in the acreage.] If two or more persons hold undivided or community interests [, one such] in land, each person whose name is set forth on the deed to the land is an elector and may vote . [upon presenting the written consent of his fellow holders.]
(c) A surface water right must be appurtenant to the acreage.
2. An elector is entitled to vote according to the land which he owns outright, as follows:
(a) Ten acres or less, one vote;
(b) For each additional 10 acres or a part thereof, up to and including 200 acres, one additional vote; and
(c) For each additional 100 acres or a part thereof above 200 acres, one additional vote.
The district shall issue a separate ballot for each vote which an elector is entitled to cast.
3. If two or more persons hold undivided or community interests in land, each is entitled to cast a percentage of the respective votes otherwise allowed pursuant to subsection 2 that is equal to his percentage interest in that land, except that, if pursuant to this subsection those persons are entitled to a fractional interest in a vote, that vote may only be cast by one of those persons upon presenting the written consent of his fellow holders.
4. Any elector who resides outside the district, who owns land in the district, and who is qualified to vote at district elections shall be deemed a resident of that division and precinct of the district in which the major portion of his lands are located, for the purpose of determining his place of voting and qualifications for holding office.
5. Any elector who resides within the district boundaries shall be deemed a resident of the division in which he actually resides, for the purpose of determining his qualification for voting and holding office.
6. A guardian, executor, administrator or trustee shall be deemed the holder of title or evidence of title, as prescribed in NRS 539.020 and 539.023, to the land in the state for which he is the guardian, executor, administrator or trustee, and has the right to sign petitions, vote and do all things that any elector may do pursuant to this chapter. If there is more than one guardian, executor, administrator or trustee, they must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.
7. Corporations or partnerships holding land in the district shall be deemed persons entitled to exercise all the rights of natural persons, and the president of such a corporation, the general partner of such a partnership, or any other person authorized in writing by the president or vice president of the corporation or the general partner of the partnership, may sign any petition authorized by this chapter, and register and cast the vote of the corporation or partnership at any election. If a partnership has more than one general partner, the general partners must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.
8. Designations or written consents for the purposes of registration and voting as authorized pursuant to this section must be filed with the district not later than 14 days before the election.
Sec. 2 NRS 539.188 is hereby amended to read as follows:
539.188 [1.] For the purposes of NRS 539.237, 539.240, 539.243, 539.297, 539.380, 539.397, 539.410, 539.417, 539.433, 539.465, 539.545, 539.557, 539.577, 539.587 and 539.690, a special election may be held [only if] at any time upon the unanimous vote of the board of directors of an irrigation district . [determines, by a unanimous vote, that an emergency exists.
2. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board's determination is final.
3. As used in this section, "emergency" means any unexpected occurrence or combination of occurrences which requires immediate action by the board of directors to prevent or mitigate a substantial financial loss to the district or to enable the board to provide an essential service to the residents of the district.]